U.S. v. SPEARS

Nos. 87-1735, 87-1777.

859 F.2d 284 (1988)

UNITED STATES of America, Cross-appellant in No. 87-1777, v. Marcus SPEARS and Doris E. Spears. Appeal of Doris SPEARS, in No. 87-1735.

United States Court of Appeals, Third Circuit.

Decided October 13, 1988.


Attorney(s) appearing for the Case

Jeffrey L. Greenwald, (argued), Lehigh Valley Legal Services, Inc., Easton, Pa., for Marcus and Doris Spears.

Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, James G. Sheehan, (argued), Asst. U.S. Atty., Philadelphia, Pa., for the U.S.

Before SLOVITER, SCIRICA, and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

Pennsylvania statutes require that notice be given to a mortgagor before foreclosure proceedings may begin. The question on this appeal is whether a federal agency must comply with those statutes before foreclosing on a mortgage acquired in the course of a federal loan program. No-third party commercial interests are affected, and so we find no compelling reason to incorporate state law as the rule of decision. Accordingly...

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